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(영문) 서울행정법원 2020.02.06 2019구단64498
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 31, 2018, the Plaintiff (B students) diagnosed the “Sechopathal Cheongsung History room, Leei-name, and Noise Distress (hereinafter “the instant injury and disease”). The Plaintiff asserted that the instant injury and disease occurred due to work in the mining station and exposure to noise for about 36 years from March 1962 to 198, and claimed disability benefits.

B. On May 2, 2019, the Defendant rendered a disposition on the payment of disability benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff’s inception of work relevance is deemed to have low relevance to the past noise work as a result of a special medical examination.”

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 4 (including a tentative number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed on May 31, 2018 by the Plaintiff at C (State) D Mining Center from October 1967 to December 18, 1985 as being exposed to noise for a long period of time while doing so for about 18 years and three months from around October 1967.

The injury of this case falls under the noise-related distress caused by noise generated from coal mine operations, or the damage of the spaw from noise led to the progress of the spaw from the spaw from the spaw from the spaw from the spaw from the spaw from the spaw from the spaw

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

B. 1) Determination of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”)

The term "occupational accident" in subparagraph 1 of Article 5 refers to an accident caused by an employee's occupational accident while performing his/her duties, so there is a proximate causal relation between the occupational accident and the accident, and in such cases, the causal relation between the employee's occupational accident and the accident shall be proved by the assertion.

On the other hand, pursuant to Article 37(3) of the Industrial Accident Insurance Act and Article 34(3) of the Enforcement Decree of the same Act.

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